After
Wikileaks Trial Schulte Lawyered Up for
Third Trial Now Gets Sentencing Delay to
Feb 1
By Matthew
Russell Lee, Patreon Thread Song
Q&A
- Pod
- Brutal
Kangaroo Book
SDNY COURTHOUSE,
Nov 27– When jury selection
was completed for the retrial
of accused CIA Vault 7 leaker
Joshua Schulte, U.S. District
Court for the Southern
District of New York Judge
Jesse M. Furman told the
jurors, Do not read or say
anything about the case. Inner
City Press was there.
[July 20, 2022
order on access here;
Brutal
Kangaroo]
On July 18, 2023,
Judge Furman held a proceeding
with Schulte and his stand-by,
now full, counsel. Inner City
Press was there, the only
person in the courtroom
gallery other than the MDC's
legal liaison.
More on Substack
here.
On November 22,
2023, Schulte's third-trial
counsel asked to delay his
sentencing in the CIA case
from January 10 to late
February or early March,
citing other commitments and a
mitigation report. He says
Schulte supports delay. The US
opposed it, and says the CIA
does too.
On November 27,
Judge Furman granted it,
one-time: "Given the age of
this case, the Defendant's
repeated demands to be
sentenced in connection with
the leak charges, and the
interest in having the
Defendant designated and
transferred to a different
facility, there is a strong
interest in proceeding
promptly to sentencing. That
said, as a courtesy to counsel
(and mindful of the
substantial record that
counsel, who entered this case
after the first two trials,
needs to master), the Court
will grant a one-time
adjournment of sentencing, but
only to February 1, 2024, at 3
p.m. The Government is
encouraged to take steps in
the interim to ensure a prompt
designation and transfer of
the Defendant immediately
after sentencing."
Meanwhile in an
MDC SAMs case earlier in the
week, Cholo Abdi Abdullah said
he is on an upper floor of the
MDC with only two other
prisoners and loud white
noise. Could it be Schulte?
Juan Orlando Hernandez, former
Honduras president, can now go
to the SCIF - but can't review
any CIPA information like
Cholo can and Schulte once
did. Schulte is becoming a
ghost, at least in SDNY...
On February 22,
2023, while denying most of
Schulte's legal claims about
restrictive Special
Administrative Measures, Judge
Furman declined to dismiss his
claims on sewage and plumbing:
"Schulte’s complaint with
respect to the sewage and
plumbing issues plausibly
invokes the negligent guard
theory. He alleges that his
cell experienced “constant
sewer leaks,” culminating in
the October 30, 2020 leak.
Sewage Compl. 2-3. He further
alleges that he notified the
corrections officer on duty
immediately upon realizing
that his cell was flooding
with sewage and that no MCC
staff did anything to
alleviate the problem. The
fact that MCC officials both
ignored the prior leaks and
failed to address the October
30, 2020 leak could support a
finding that the officials
were lazy and inattentive."
Full order here.
Back on July 25
after conviction Schulte sent
his own letter to Judge Furman
that "we intend to seek
immediate sentencing on the
counts of conviction" and that
he wants "once-weekly SCIF
days as the CP case has
classified forensic evidence -
home computers and servers
that were 'classified.'"
Co-stand
by counsel Colson was
previously asking Judge Furman
"to be relieved as counsel in
connection with Mr. Schulte's
child pornography case," and
offering to filing a
supplemental letter under
seal.
The government,
too, goes under seal -
apparently without noting it
in the docket. On September
28, Schulte's hard working
stand-by counsel wrote to
Judge Furman that she was
informed on September 26 at
8:18 am that "Mr. Schulte
would not be produced for his
scheduled 8 am SCIF
appointment... based on a
sealed order."
Judge Furman
responded, into the docket,
asking if anything can be
disclosed to the defendant.
But what about the public?
On October 6,
Judge Furman ordered some
unsealing, and asked Schulte
to respond to US offer of ...
a typewriter.
On November 10,
it was typewriter, pen or no
more pro se motions. Summary:
"MEMORANDUM OPINION AND ORDER
as to Joshua Adam Schulte on
Doc. No. [969]: In short,
there is no merit to
Defendant's argument that he
is entitled to a laptop under
the Constitution or otherwise
(let alone to his suggestion
that, if he is denied a
laptop, the Government should
be "force[d]... to use a
typewriter as well," Def.'s
Letter 2). And to the extent
the Court has discretion over
the matter, the Court
exercises its discretion to
deny Defendant's request for a
laptop to prepare his
post-trial motions. If
Defendant does not want to use
a typewriter or pen to prepare
his motions, he has two
choices: He can forego filing
any motions or he can decide
to give up his
self-representation with
respect to the post-trial
motions and allow appointed
counsel to file any motions on
his behalf."
After two
handwritten letters from
Schulte which described
conditions and mentioned
suicide, Judge Furman asked
for and got a government
update, then ruled: "MEMO
ENDORSEMENT as to Joshua Adam
Schulte on [982] Status Report
filed by USA: The Court thanks
the Government for this
comprehensive update and
counsel on both sides for
their efforts in response to
Mr. Schulte's letters. The
psychological report (which
the Court will file and
maintain under seal) indicates
that Mr. Schulte "reported he
is not thinking about a hunger
strike or suicidal attempts."
It also indicates that he
candidly admitted that he
"said what [he] said" in his
letters to the Court "so [he]
could get attention from the
media... since social media is
so quick to broadcast [his]
charges." The Court will not
tolerate any further efforts
by Mr. Schulte to use this
case to conduct a media
campaign, let alone to do so
by making inflammatory
statements that are false or
misleading. To that end, and
mindful that the Court has
broad discretion to reject pro
se filings made by Mr. Schulte
with respect to any matter as
to which he has counsel (that
is, the entirety of his case
other than his post-trial
motions), see ECF No. [979],
Mr. Schulte is cautioned that
future pro se submissions may
not be publicly docketed. SO
ORDERED. (Signed by Judge
Jesse M. Furman on
12/15/2022)."
Watch this site.
Back on August 7
Schulte's lead counsel
requested, and August 8 Judge
Furman endorsed, "On July 28,
2022, Mr. Schulte was handed a
search warrant, and his laptop
from the Metropolitan
Detention Center located in
the Eastern District of New
York was seized by the
government." Full letter on
Patreon here.
On August 30, the
US Attorney's Office wrote to
Judge Furman: "Dear Judge
Furman: The Government writes
in response to the Court’s
order, dated August 26, 2022,
directing the Government to
provide an update regarding
the review of the defendant’s
laptop pursuant to a search
warrant (the “Warrant”) issued
by a magistrate judge in the
Eastern District of New York
for the search and seizure of
the defendant’s laptop. The
Government’s review of the
laptop remains ongoing."
On August 31
Judge Furman ordered: "MEMO
ENDORSEMENT as to Joshua Adam
Schulte on [937] LETTER MOTION
re Proposed PreTrial Motion
Schedule: The parties shall
appear for a conference on
September 7, 2022, at 3 p.m.
in Courtroom 1105 of the
Thurgood Marshall United
States Courthouse."
Inner City Press
went, and now provides this
summary two hours later. Judge
Furman admonished Schulte for
his letter, docketed on
September 6 by the Pro Se
Office but dated July 31,
which among other things
called the Government "c*ck
hungry." Letter on Inner City
Press' DocumentCloud here.
Judge Furman said Schulte
might forfeit his right to
represent himself.
Schulte
said the laptop they seized
had never been connected to
the Internet. In the EDNY
there is now a proceeding
about the search warrant, on
which we hope to have more.
Judge
Furman declined to direct that
Schulte get another air-gapped
laptop, but adjourned the
post-trial motion schedule
"sine die."
Then it was moved
to April 22 (then May 18).
March 9 thread here.
Song here.
Back on
April 13, 2022, Judge Furman
held a conference with Schulte
present. Inner City Press live
tweeted it here....
[And see
its Oct 15 MCC video here]
On March
2, 2021 were the closing
arguments [in the first
trial], which Inner City Press
tweeted, thread here
More on
Patreon here.
See Inner City
Press filing into the docket
on Big Cases Bot, here.
Watch this site. The case is US
v. Schulte, 17-cr-548
(Furman).
***
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